1.1 These general conditions of sale ("General Conditions") apply to all distance sales of “Tessabit” products ("Products" or "Product") carried out through the www.tessabit.com website ( "Website").
1.2 Distance selling of Products under these General Conditions is available exclusively to consumers ("Clients" or "Client"). Clients are intended as natural persons, aged 18 or over, acting for purposes outside their trade, business, craft and profession.
1.3 The languages used to enter any contract through this Website are Italian or English, according to the Client’s choice.
1.4 Clients are required to carefully read these General Conditions, which are available on the Website to enable Clients to acknowledge, store and, if desired, to print them to facilitate reading. A summary of the General Conditions will in any case be sent to the Client by Sam s.r.l. according to Section 5.10 below. Documentation relating to contracts of sale executed with Clients will be archived by Sam s.r.l for the retention period required by applicable law.
2.1 The vendor is Sam s.r.l., with registered office at via XX Settembre, 1/3 - 22100 Como (CO) Italy, VAT number 01398850139, Tax number: 01398850139.
3.1 Information on Products, along with the relevant Product codes and relevant prices, are available on the Website.
3.2 The Products available on the Website are a selection of items normally available in TESSABIT stores; Sam s.r.l does not provide any warranty to the Client relating to the availability in store of the Products available in the Website. Pictures of the Products displayed on the Website may not correspond to their actual appearance, as the image is reproduced and may vary according to method of visualisation; the Client shall therefore rely exclusively on the description of the Product and their characteristics as mentioned in the Website as sole reference point for evaluating flaws or lack of conformity, as regulated by Section 13.
3.3 Sam s.r.l reserves the right at any time to limit quantities and/or type of Products available in the Website. The style, models and colours of the Products described on the Website may be changed without notice. During the purchasing process, an automatic notice will inform the Client if the order cannot be processed due to the unavailability of the ordered Product; the Vendor cannot in any case be held liable towards the Client in case of unavailability of the Product prior to the execution of the contract.
3.4 The Client can include a maximum of ten pieces per Product in the order proposal.
3.5 The Vendor shall in no case be liable for errors occurred due to failure of the Client’s connection to the Website.
4.1 The prices of the Products are indicated on the Website in Euros, and are inclusive of all applicable taxes and charges for the following countries: Italy, the United Kingdom, countries of the European Economic Community, the United States of America, Australia, China, Japan and Hong Kong.
Delivery costs shall be added to the price of the Products and are indicated separately during checkout.
For delivery to other Countries where duties and taxes are applicable, within the order form and at checkout the Client will be shown the automatic message “Duties Unpaid”. The additional costs for duties and taxes will be calculated and requested by the courier at delivery and is under all circumstances charged directly to the Client.
4.2 The Vendor regularly verifies that prices of the Products displayed on the Website are correct; however, it is not possible to guarantee the absence of errors. In the event that an error in the pricing of a Product is detected, the Vendor shall refuse the order and offer the Client the opportunity to purchase the Product at the correct price.
5.1 The essential characteristics and the price of each Product are displayed on the Website. The information displayed on the Website does not represent an offer by the Vendor; the Vendor is giving the possibility to the Client to formulate a purchase offer (or order proposal).
5.3 To purchase a Product Client must (i) add the selected Product in the "Shopping Cart" by clicking on the relevant button, (ii) fill in the order proposal, (iii) select the payment method, (iv) accept the General Terms & Conditions and (v) send the order proposal to the Vendor through the Website.
5.4 Sending of the order proposal constitutes a proposal to purchase the selected Product(s), regulated under these General Conditions and binding for the Client (in compliance with the right of withdrawal conditions set forth in Section 10). By sending the order proposal, the Client agrees to provide payment for the price of the Product(s) included in the order, once Sam s.r.l. has accepted the order proposal.
5.5 Before sending the order proposal, the Client may validate and amend any errors or modify the data entered, following the process described on the Website. (By way of example: the Client may change the quantity of Products that they intend to purchase by adding or removing one or more Products from their "Shopping Bag".)
5.7 The contract between the Vendor and the Client is concluded once the Client receives confirmation from the Vendor that the order has been dispatched.
The Confirmation Order e-mail is merely a confirmation of receipt of the order from the Vendor.
Acceptance or refusal of an order proposal by the Vendor will be notified to the Client, to the e-mail address provided by the latter during the order proposal (“Order Confirmation” or “Order Cancellation”).
5.8 The Vendor may refuse an order proposal at its discretion (in which case, no payment shall be due by the Client, with the sole exception of those sums mentioned under Section 6), by way of example in the following cases:
(I) the Products are not available (without prejudice to the provision set out under Sections 3.3 and 5.9);
(II) the Client’s advance payment is not successfully received (by way of example, if the price of purchase cannot be charged to the Client’s credit card or, in case of bank transfer as payment method, if the transfer is not confirmed within 5 (seven) business days from the date in which the order proposal was submitted);
(III) reported, or suspected, fraudulent or illegal activities, including suspected purchases for commercial purposes by the Client or connected third parties;
(IV) the Client has not fulfilled his/her obligations deriving from a prior contract executed with Sam s.r.l or related companies.
5.9 In case of unavailability of one or more of the ordered Products, the Client will be informed by e-mail or telephone. In this case the order proposal will be cancelled, or partially accepted in relation to the available Products following specific indications from the Client.
In case of partial acceptance, the Client shall pay (or shall be charged, in case of payment through the credit card) only the price of the available Products.
5.10 In accordance with the following and as provided for by article 51, comma 7, of the Consumer Code, the Order Confirmation will include a summary of the essential characteristics of the purchased Products, a detailed indication of the price and method of payment, information on delivery charges, the conditions and methods to exercise the right of withdrawal (including information on the exclusion of the right of withdrawal for personalised Products), an address to which complaints may be addressed, information on after-sales customer support services and on existing commercial terms. The confirmation e-mail sent by Sam s.r.l following the shipment of the Products, will contain details to track the shipment, in accordance to Section 8.1 (“Confirming Shipment”).
5.11 The risk of loss of or damage to the Products shall pass to the Client when he/she (or a third party indicated by the Client and other than the carrier) has acquired the physical possession of the Product.
6.1 Payment of the price of the Products included in the order proposal and the relevant delivery charges shall be paid by the Client by credit card or PayPal.
6.2 The Vendor accepts payments made with the following credit cards:
6.3 The transactions will be debited from the Client's credit card only after:
(I) the credit card data has been verified;
(II) the authorisation to debit the card has been received from the issuer of the card used by the Client.
6.4 In the event that, for any reason, within 5 (seven) business days from the date of the order, it is impossible to debit the amount due by the Client from the credit card (or, in case of bank transfer, to have the cleared funds received on the Vendor’s bank account), the contract will not be executed and the order will be cancelled (without the need for explicit communication from the Vendor to the Client).
7.1 Products shall be delivered to the address indicated by the Client in the order proposal. The signature of the Client or of a nominated representative (designated in writing, aged 18 or over, fit to plead, in possession of a copy of his/her personal ID and of the Client’s ID; this designation can be purchased from the courier or by a third party directly designated by the courier) will be required at the time of delivery. Deliveries cannot be made to to P.O. Boxes.
7.2 For each order, the Vendor shall invoice the Products by e-mail to the Client, pursuant to the applicable laws and regulations. An official receipt will be printed and placed inside the order parcel. The invoice will be based upon the information provided by the Client at the time of the order. No alterations to the invoice are possible after the invoice has been issued.
Following the indications set forth in Section 1.2, the invoice shall be requested by the Client by e-mail, before sending the order proposal, to the following address: CS@tessabit.com, stating the order number through the specific option.
7.3 Delivery charges shall be borne by the Client, unless otherwise stated in the order form, and are indicated separately at checkout.
7.4 The purchased Product(s) shall be delivered by a courier service selected by the Vendor (hereinafter, "Courier"); delivery is on working days (thus excluding Saturdays, Sundays and local or national holidays), from 9 am to 6 pm. Approximate delivery times are 24/48 hours from Order Confirmation (except that a force majeure event or unforeseeable circumstance occurs), with the exception of specific, remote areas designated by the Courier. If the receiver is not present at the indicated delivery address, the Courier will inform the Client by means of a notice on the doorbell or letter box. At their discretion, the courier may call the Client to arrange a time of delivery.
A second delivery attempt is automatically scheduled for the following day. If the receiver is unavailable to sign also on the second delivery attempt, the package will be held at a local branch for up to 10 working days. The receiver has a further 8 (eight) business days to pick up the package at the local courier branch. Should the package not be picked up within this time frame, it will be returned to the sender.
7.5 At the time of delivery of the Products by the Courier, the Client (or nominated representative) is required to verify:
(I) that the number of items being delivered corresponds to that indicated on the delivery note;
(II) that the packaging and its seals are intact, undamaged, not wet or altered in any manner.
Any damages to the packaging and/or the Product, or discrepancies in the number of items or documentation, must be immediately indicated in writing on the Courier’s delivery note. Once the Courier’s delivery documentation has been signed and no objection has been raised by the Client, the Client may not raise any objections to the exterior characteristics of the delivered package.
8.1 The Vendor shall send to the Client a shipping confirmation e-mail once the Products are dispatched.
9.1 Products purchased from the Website are delivered with the exclusive packaging dedicated to the TESSABIT.com Store.
10.1 As provided for by article 52 of the Consumer Code, as follows, the Client has the right to withdraw from the contract without specifying a reason within 14 (fourteen) days from the date in which the Client (or nominated representative) obtains physical possession of the Product.
10.2 To exercise the right of withdrawal, the Client shall follow the procedure indicated below, within the term mentioned under previous Section 10.1:
the user shall access the on-line shopping area, protected by a password;
within the personal area, the user shall access the “My Orders” sections;
in the “My Orders” section, the user shall select the orders that are eligible for returning (according to applicable law in terms of right of withdrawal, within 14 days from delivery);
the user shall select the Product(s) he/she wants to return for each order.
the return request is received by the Customer Service for verification and approval;
the Client will be notified by e-mail by the Customer Service if the approval or refusal of the return request. The e-mail stating approval of the return request will contain a RMA ID number, indications for shipping the package, the required documentation to print and include with the package.
10.3 Within 7 (seven) days from the communication of withdrawal (sent pursuant to previous Section 10.2) the Client shall return the Product(s) related to the return request to Sam s.r.l. at the following address: via XX Settembre, 7 - 22100 Como (CO), Italy. The costs related to the returning of the Product will be supported by Sam s.r.l, provided that the Client uses the Courier’s airwaybill obtained with the return instructions.
The Client shall only be liable for any diminished value of the Products resulting from the handling of the goods other than what is necessary to establish the nature, characteristics and functioning of the goods: therefore, the Client shall not remove any label(s) or seals attached to the Product. The Product shall be returned intact, without modifications or alterations of any kind.
10.4 Sam s.r.l. shall reimburse the payments received from the Client for the price of the purchased Products, excluding delivery or other additional costs, without undue delay and in any event not later than 14 (fourteen) days from the day on which Sam s.r.l. is informed of the Client’s decision to withdraw from the contract in accordance with this Section 10. Reimbursement shall be executed by Sam s.r.l. using the same method of payment as the Client used for the initial transaction, unless expressly agreed otherwise by both parties and provided that the Client does not incur any additional fees as a result of such reimbursement. If the purchase was carried out using a discount voucher, the value of the voucher will not be reimbursed. The reimbursement will be relevant only to sums actually paid by the Client.
10.5 Reimbursement will be issued after Sam s.r.l. has received the Product and verified its integrity.
10.6 Once the contract has been executed as described in this Section 5, the order cannot be cancelled by the Client, but can be returned as set out in this Section 10.
11.1 As provided for under article 59, comma 1, letter c) of the Consumer Code, in accordance with the following, the right of withdrawal does not apply, in addition to further cases set forth according to the applicable law, to orders for personalised Products, crafted or modified for personal purposes following the Client’s specific indications (by way of example, with the Client’s or receiver’s initials engraved on the Product).
12.1 Without prejudice to the Client’s rights according to Sections 10 and 13 of these Terms & Conditions, Sam s.r.l. does not allow in any case the Client to replace Products purchased on the Website.
13.1 If any Product sold by Sam s.r.l. has manufacturing defects, or in any case of alleged lack of conformity of Products sold through the Website, the Client must immediately contact online support, by email or by post, to the following addresses:
with registered address at SAM S.r.l.
via XX Settembre, 7
22100 Como (CO)
Att. TESSABIT.COM (Online Sales)
13.2 The sale of Products is subject to the legal warranties provided for under articles 129, 130 and 132 of the Consumer Code, as follows. In accordance with the aforementioned laws, the the Client has the right to have the Products brought into conformity, free of charge, by repair or replacement (the Client is entitled to select to have Product repaired or replaced in accordance with applicable law), or, in case of failure of one of the solutions above (as provided for under article 130, comma 7, of the Consumer Code) to have an appropriate reduction in the price of the Products or, if applicable, to have the contract cancelled.
The Client loses these rights if he/she fails to notify Sam s.r.l. of the lack of conformity within 2 (two) months from the date on which the Client detected such lack of conformity. In any event, actions intended to assert a lack of conformity not maliciously concealed shall automatically lapse 26 (twentysix) months after the delivery of the Products, according to the applicable laws and regulations.
13.3 In the event that the Client is seeking the Product to be repaired or replaced due to lack of conformity pursuant to this Section 13, delivery costs for returning the Product to be repaired or replaced, as well as any costs related to the delivery to the Client of the repaired or replaced Product, will be borne by the Vendor.
14.1 The Vendor guarantees the authenticity of all Products purchased on the Website.
14.2 The set of figurative and non-figurative trademarks and service marks present in the Products, the relevant accessories and/or packaging, shape marks subject to registration or otherwise, together with all illustrations, images and logos protected by copyright, and, in general, all the intellectual property rights relating to the Products, are and remain the exclusive property or of exclusive use of Sam s.r.l.
15.1 The Client authorises the Vendor to process his/her personal data. The Client’s authorisation to processing of personal data by the Vendor is necessary for the execution of the order contract.
15.2 The Vendor shall protect the private nature of the personal data collected from the Client and to manage this data in compliance with the Italian Privacy Code (decree 196/2003).
15.3 The Vendor informs the Client that his/her personal data is used by the Vendor’s office and any connected third parties exclusively for:
(i) executing the order contract
(ii) personalising and optimising communication, in particular with regards to Newsletters and/or special offers, also considering preferences collected by partner companies.
15.4 The Vendor informs the Client that his/her personal data may be communicated to ensure delivery of the orders by the appointed parties, to perform certain aspects of after-sales services and surveys, or at due request of the authorities.
15.5 As provided for in the Privacy Code stated above, the Client may exercise at any time his/her right to refuse the collection of personal data or for the data collected to be archived or deleted. Requests should be forwarded (including the Client’s email address, surname, name and postal address) to:
c/o SAM Srl
Via XX settembre 1/3
16.1 These General Conditions and, therefore, the Contracts executed with the Clients, shall be governed by and interpreted in accordance with Italian laws (including the legislative decree
206, 6th September 2005, “Consumer Code” and, in particular, “Chapter I, Title III of Part III”, jointly with the legislative decree 70, 9th april 2003, “E-commerce Decree”).
16.2 All disputes relating to the interpretation, validity and/or execution of these General Terms & Conditions shall be submitted to the jurisdiction of the competent courts of the place of residence or domicile of the Client.
17.1 In case any Section or part of these General Terms of Sale be considered irregular or not valid, all other Sections and parts will remain valid and applicable.
17.2 The information exchanged through the Website between Client and Vendor has legal validity.
18.1 For further information and assistance with the Website or on online purchases, the Client may contact Sam s.r.l. or Tessabit at one of the following:
via XX Settembre, 7
22100 Como (CO)
Att. TESSABIT.com (Online Sales)